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Anonymous

Posted 6 days ago

This is about my father's brother family. In 2012 both husband and wife were diagnosed with HIV. In 2013 march they have adopted a female child legally by registering with sub- registrar. In September 2013 they have been informed that they have AIDS. In 2014 the wife has died and in 2015 husband has also died due to this disease. The child adopted was wife's brother's daughter. Now my question is this adoption valid because the couple are diagnosed with life threatening disease ?
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A. Adoption and life threatening diseases have nothing in common. For a valid adoption one must fulfill the requisite conditions for a valid adoption according to the adoptions act.
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Shreyash  Mohta
Shreyash Mohta Exp: 1 Year(s) Kolkata
Mother after divorce remarried took surname of new husband. Child has surname of biological father . Is it possible to have surname of baby changed to that of mother before her board exams. presently child is 13 plus in class seven. please advise.
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A. YES, it can be done.
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Shreyash  Mohta
Shreyash Mohta Exp: 1 Year(s) Kolkata
Sanjay Kumar Jha
Sanjay Kumar Jha Experience: 17 Year(s) Patna
Kishan Dutt Kalaskar Retired Judge
Kishan Dutt Kalaskar Retired Judge Experience: 33 Year(s) Bangalore
Dear sir, We are two brothers,my younger brother age 26 living with my mom & father.My mother's big sister is unmarried due to physical handicapness her age approx 53 years.she is an brass handicrafts manufacturer.she was adopted me when I was 3 year old now I am 29 year old .my primary schooling to college also done by her money in her home.My mother(who adopted me)was not made any legal adoption documents but now we both need legal adoption documents due to official work. How can we make adoption certificate.? Please guide sir
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A. Go to the district collector
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Shreyash  Mohta
Shreyash Mohta Exp: 1 Year(s) Kolkata
Rameshwar  Dadhe
Rameshwar Dadhe Experience: 2 Year(s) Aurangabad
Kishan Dutt Kalaskar Retired Judge
Kishan Dutt Kalaskar Retired Judge Experience: 33 Year(s) Bangalore
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Laxman B

Posted 2 months ago

I m married for last 8 years and we don't have any child so we want to adopt a newborn child of some known couple.What is the legal procedure as both parties are hindus.
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A. yes you guys can take after getting it registered with the executive magistrate cum registrar
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Munish kumar  Goyal
Munish kumar Goyal Exp: 6 Year(s) Ludhiana
Rameshwar  Dadhe
Rameshwar Dadhe Experience: 2 Year(s) Aurangabad
Kishan Dutt Kalaskar Retired Judge
Kishan Dutt Kalaskar Retired Judge Experience: 33 Year(s) Bangalore
Shreyash  Mohta
Shreyash Mohta Experience: 1 Year(s) Kolkata
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Anonymous

Posted 3 months ago

I was lived from age 12 to upto date(now im 26) with my aunty. She dont have child but they care like own child. Now both aunty and uncle was expired in an accident. How can i prove that they are my guardian legally.? Plz help me....
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A. Dear Sir, You may file a civil suit and get declaration that you are the adopted son of them or there are your guardian. For full procedure contact me on mobile through Vidhikarya. Rate me Five Star * Please visit the following link. https://vidhikarya.com/LawyerRating/9506c43f5d0b2d266a07
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Kishan Dutt Kalaskar Retired Judge
Kishan Dutt Kalaskar Retired Judge Exp: 33 Year(s) Bangalore
Rameshwar  Dadhe
Rameshwar Dadhe Experience: 2 Year(s) Aurangabad
Viswanath  M K
Viswanath M K Experience: 5 Year(s) Chennai
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Tania Dhara

Posted 3 months ago

I have a 8 months child. When i moved out of my husbands home for separation and lived with my parents i had a relationship with a person and became pregnant. As during my pregnancy contestant divorce case was going on in court , i had to use my ex husband's name as the father of my child and he presumed himself to be the father. All along in my pregnancy, child birth and till today my ex husband never took any responsibility of me or my child, no maintainance paid( i dint claim any maintainance either). In Jan 2019 i got divorce decree as he never turned up to the court. Now my child in 8 months old and the biological father of my child is my present husband. What is the process of adopting his own biological child to take all the responsibilities of him and give his name as fathers name instead of my ex husband's name
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A. Dear Madam, You can do like that provided you go to the Family Court and get an order.
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Kishan Dutt Kalaskar Retired Judge
Kishan Dutt Kalaskar Retired Judge Exp: 33 Year(s) Bangalore
Sayaree  Ganguly
Sayaree Ganguly Experience: 2 Year(s) Hooghly
Rameshwar  Dadhe
Rameshwar Dadhe Experience: 2 Year(s) Aurangabad
 Poonam Manoj Sapate
Poonam Manoj Sapate Experience: 2 Year(s) Mumbai City
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Anonymous

Posted 4 months ago

Dear Sir/Madam, I am an Australian Citizen and I am looking to adopt my elder brother's son (age 14). I understand that I have to go through CARA - Central Adoption Resources Authority in India. Could you please advise the questions as listed below? 1) Is it possible to adopt the kid from a family member? If yes, what is the procedure? Do you have the necessary experience to deal with CARA to complete the whole procedure? 2) What is the timeframe? 3) What is the procedure cost and what is your fees? Please let me know if you need further information otherwise I look forward to hear from you. Thanks
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A. Respected Sir, Yes, Absolutely I have a great experience and knowledge about the adoption process. For all the details please give me a call so I can give you the proper details and procedure. Thank You #AdvPoonamSapate#FightForJustice
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 Poonam Manoj Sapate
Poonam Manoj Sapate Exp: 2 Year(s) Mumbai City
Kishan Dutt Kalaskar Retired Judge
Kishan Dutt Kalaskar Retired Judge Experience: 33 Year(s) Bangalore
 Poonam Manoj Sapate
Poonam Manoj Sapate Experience: 2 Year(s) Mumbai City
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Anonymous

Posted 5 months ago

I am from Bangalore, can a good supreme court lawyer adopt me to save my life and to go against a mad lady. Lawyer fees will be given as much as lawyer wishes.
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A. Dear, what do you want do you want to hire a lawyer for his services or are you asking him to adopt you. You can appoint any lawyer to represent your case against anyone if he violates your rights, who is that lady you are referring to has she adopted you, if yes then legally you can proceed against her if she is manhandling you by filing a police complaint in your nearest police station. So you will have to tell 1)who you are, 2) whom you have a complaint against, 3)how is she related to you and 4) what do you want. Only then a proper answer can be given. Thanks and Regards.
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Randheer  Bahadur
Randheer Bahadur Exp: 3 Year(s) Lucknow
Kishan Dutt Kalaskar Retired Judge
Kishan Dutt Kalaskar Retired Judge Experience: 33 Year(s) Bangalore
Sunil Kumar  Singh
Sunil Kumar Singh Experience: 17 Year(s) Kanpur
Hello sir , I am an NRI living in USA and married . We will move to India within 2 years. We would like to adopt a child from India. Is it possible to register now as inter country adoption and later change to intra country once we move to India ?
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A. Dear Sir, You may please check in the following office. ========================================================== Adoption – Procedure Juvenile Justice (Care and Protection of Children) Act, 2015 Central Adoption Resource AuthorityMinistry of Women & Child DevelopmentGovernment of India Frequently Asked Questions (FAQ’s) http://www.cara.nic.in/PDF/faqs.pdf Child Adoption Procedure In India Can I adopt if I already have a child? Yes. The gender of the child becomes a factor here. The Hindu Adoption and Maintenance Act, 1956 (HAMA, under which Hindus, Jains, Sikhs, Buddhists and Arya Samaj adopt) allows you to only adopt a child of the opposite gender to the one you already have. There are no such diktats under the other 2 adoption laws, namely the Guardians and Wards Act, 1890 (GAWA) and the Juvenile Justice Act (JJA 2000, amended in 2006), which has enabled many Indians to adopt a child of the same gender. Your child, if old enough, will be asked to express her views on the adoption, in writing. http://www.womensweb.in/articles/adoption-your-questions-answered/ Parents adopting a child under the Hindu Adoption and Maintenance Act (HAMA) could soon be required to mandatorily register the adoption with country’s apex adoption body as part of efforts to check trafficking, a senior government official said. Prospective parents can adopt a child under the stringent Juvenile Justice (JJ) Act, 2015. Additionally, Hindus, Buddhists, Jains and Sikhs have the option of formalising an adoption through the 60 year-old HAMA. Officials say that while the JJ Act has provisions for verifying the source of the child as well as a thorough background check of the prospective parents, these pre-requisites are missing from HAMA, thereby, allowing many to take advantage of its loopholes. Draft Cabinet note “The Ministry of Women and Child development has prepared a draft Cabinet note proposing an amendment to HAMA in order to make it compulsory for parents to register with the apex adoption body, Child Adoption Resource Authority (CARA),” a ministry spokesperson said. The note is being circulated among the ministries of finance, home affairs and law and the Prime Minister’s Office, before it is taken up by the Union Cabinet, the official said. “Adoption under HAMA is very simple and two Hindus can exchange a child after filing a deed. We did a sample check and discovered that the number of adoptions under HAMA is too high and we suspect that a lot of these involve trafficked children,” the spokesperson said. The ministry has proposed changes to HAMA so that parents who adopt a child mandatorily register their deed of adoption on CARA’s web portal, following which they will be issued a certificate of adoption. Need for a registery CARA CEO Lt. Col. Deepak Kumar said that the move will allow it to maintain a ‘national adoption register’ which will compile data on adoptions under HAMA, in addition to those that take place through its web portal. “HAMA is a big hole in our net. We need to widen our net so that we can monitor all adoptions. But first we need to record these by having a national adoption register,” Kumar told PTI. The official explained that the adoption agency carried out a study where data from one of the total 22 sub-registrars in Delhi was collected, which showed that 145 adoption deeds were registered in the past three years. He added that if this data is extrapolated, it can be assumed that over 3,000 children were adopted under HAMA in the past three years in Delhi alone. “But these are only those adoptions that are actually legally formalised. We found out from the Collector of Stamps in Delhi that in 14 months there were 3,200 stamps sold for the purpose of adoption. If all these stamps are being used lawfully, we should have seen nearly 9,000 adoptions during these three years,” Kumar explained. Changes and reforms In a bid to reform the adoption procedure in the country and bring more transparency, the Union Ministry of Women and Child Development brought a new set of guidelines in August, 2015. For the first time, the entire adoption procedure was transferred online, to be monitored by the Central Adoption Resource Authority, the nodal body regulating adoptions in India. However, despite the new mechanism, CARA hasn’t seen an increase in adoption and recorded a mere 3,788 adoptions across the country in 2016, while there were four to five times the number of parents waiting to bring home a child. Officials hope that once they have data on adoptions under HAMA, they will have a more realistic picture. The Hindu Adoption and Maintenance Act, 1956, is applicable to Hindus, Jains, Buddhists, Sikhs and gives an adopted child all the rights enjoyed by a biological child. Until the universal JJ Law came into existence, Muslims, Parsis, Christians and Jews had no adoption law and would have to approach the court under the Guardians and Wards Act, 1890, and get the guardianship of a child until he or she turned 18. Adopted son no less than a natural son to inherit his father’s properties, reiterates SC [Read Judgment]... Supreme Court, in Pawan Kumar Pathak vs. Mohan Prasad has reiterated that an adopted son is no less than a natural son, when it comes to claiming the right to inherit the properties of his father.(copy of judgment is with me) For full procedure contact me on mobile through Vidhikarya. Rate me Five Star * Please visit the following link. https://vidhikarya.com/LawyerRating/9506c43f5d0b2d266a07
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Kishan Dutt Kalaskar Retired Judge
Kishan Dutt Kalaskar Retired Judge Exp: 33 Year(s) Bangalore
Shanti Ranjan  Behera
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Sunil Kumar Singh Experience: 17 Year(s) Kanpur
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ARPIT BATRA Experience: 11 Year(s) South Delhi
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Shoukat Abbas Shaikh

Posted 7 months ago

My sister died 3 months back. She had a child from her 1st marriage which was desolved within 1 and half year. She had mental shock due to this & was going with medical treatment. Treatment was done for almost 7 years and we get her remarried but she is no more now. I have adopted her child who is 7 years old now . During diverse from 1st husband he mentioned clearly I dont need the baby nor can we claim for property in future. Now after 7 years he had send me a notice from police station , I went there & showed adoption notarized paper where in police closed the case. Now again he had send notice from family court. Kindly guide me how to close this case for ever
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A. Dear Madam, You submit written statement before the Family Court and it will be ended in your favour if your advocate is able to convince all the factuals. For full procedure contact me on mobile through Vidhikarya.
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